HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22497 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Avinash Pandey, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 627 of 2024, under Sections 137(2), 87 of BNS, Police Station Shamli, District Shamli, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 5. Learned counsel has next stated that the victim is a consenting party as is but evident from her statement recorded under section 183 BNSS whereby she has not allayed any allegation of sexual assault or harassment against the applicant or any other person whatsoever. Although, the victim is stated to be 15-16 years as per ossification test report but by her physical appearance, she seems to be major. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 02.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. Chand .....Applicant(s) State of U.P. .....Opposite Party(s) 8. As per ossification test report, the age of the victim is 15 to 16 years and a leverage of two years may be granted to the applicant on the upper side in the light of the judgement of Supreme Court passed in Jaya Mala Vs. State of J & K, (1982) 2 SCC 538 and Mohd. Imran Khan vs. State (Govt. of NCT of Delhi), (2011) 10 SCC 192, whereby it has been opined that the radiologist cannot be predict the correct date of birth rather there is a long margin of 1 to 2 years on either side. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the statement of the victim recorded under section 183 BNSS, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Chand, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 22, 2025 Sumit S BAIL No. 22497 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad